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Preliminary
Findings of the Working Group on Cultural Policy for
the 21st Century
Executive Summary and Key Recommendations
(January 1998)
Canada is more than a geographic or political entity. It has
fostered a strong and dynamic cultural identity that accommodates
a wide diversity of identities, traditions and forms of expression
which give voice to the experiences and aspirations of our
citizens. Canada has succeeded in doing so despite the dominant
influence of our neighbour to the south, the most aggressive
purveyor of mass entertainment on Earth. How was this success
realized?
The role of the State in the generation of Canadian cultural
expression has been central to this success. The domestic
cultural policy initiatives of successive federal, provincial
and municipal governments share two central themes - Canadian
content and creation, and access to Canadian culture by our
citizens through the development of a Canadian cultural infrastructure.
The elaborations of these initiatives were limited only by
political will and the health of the public purse.
The Working Group believes that a creator/creation centred
approach to the development and sustenance of a Canadian cultural
policy must be the starting point and the lodestone of serious
efforts to preserve distinctive cultural expression. The value
of cultural and artistic expression rests with the creator
and the artist and the intellectual property inherent in their
work. The paper, vinyl, canvas, and acetate which carry cultural
expression are of no real economic value without the infusion
of imagination and artistic excellence of the creator and
the technical and promotional skills of the producer. It is
the view of the Working Group that the centrality of this
reality must continue to inform the development of cultural
policy measures in all disciplines and media.
The ingenuity of Canadian domestic cultural policy lies in
the inclusiveness of its measures. The development of the
Official Languages Policy recognized the central reality and
richness that flows from the preservation and promotion of
cultural expression in both French and English. This policy
has led to the flowering of French cultural expression in
Quebec, Acadia and the francophone communities across Canada.
The Multiculturalism Policy drew Canadians from other traditions
into the robust heart of our cultural identity. Governments
at all levels continue to strive to ensure that the culture
of the First Peoples is given the recognition and respect
it is due.
These efforts have resulted in the development of Canadian
artistry which has won respect and appreciation both at home
and around the world. The investment of political will and
public funding has generated a culture of excellence and diversity
in which all Canadians can take pride.
As we approach the next Millennium, the integrity of these
measures is coming under tremendous pressure from the agencies
of globalization, in the guise of international trade and
investment agreements, new technologies and the realignment
of political powers and priorities among Canadian governments.
The challenge of preserving and developing the diversity and
excellence of Canadian cultural expression has been greatly
compounded by these forces.
The Working Group on Cultural Policy for the 21st Century
has dedicated considerable energy to mapping out the constraints
and challenges which issue from these forces. The Working
Group, in cooperation with trade experts and specialists,
has examined existing and foreseeable international agreements
on trade and investment to better understand the limitations
and constraints they impose on domestic cultural policies.
In the course of this investigation, the Working Group has
concluded that the disciplines of these agreements are inconsistent
with the preservation of the unfettered right of Canadians
to chart their own course in the promotion and development
of domestic cultural policies.
The Multilateral Agreement on Investment, an international
treaty currently being negotiated at the Organization for
Economic Cooperation and Development, is particularly illustrative
of this problem. Without a cultural carve-out, it is clear
that the provisions of this agreement would seriously undermine
most cultural policy measures and institutions that we have
painstakingly developed over the last fifty years. It is for
this reason that the Working Group has insisted that Canada
seek a broad exclusion of culture from the agreement without
threat of challenge or retaliation. However, the Multilateral
Agreement on Investment is not unique in its potentially devastating
effect on the domestic cultural policy framework.
The Working Group found that the current provisions of the
General Agreement on Tariffs and Trade do little to support
domestic cultural sovereignty. With particular attention to
the recent decision of the World Trade Organization on our
domestic magazine industry policy, the Working Group assessed
the deficiencies of the GATT in dealing with sensitive cultural
issues. The GATT contains only two provisions which address
cultural issues.
The first is a general exemption which allows signatory states
(referred to as Contracting Parties in trade parlance) to
protect national treasures, the other a 1947 clause which
allows quantitative quotas for the import of foreign films.
The resolution of other conflicts involving cultural questions
are viewed against the obligations of the Most Favoured Nation
and National Treatment clauses and must conform to the measures
developed for trade in goods or services. Without specific
provisions which permit Contracting Parties to freely develop
domestic cultural measures, conflicts such as magazines or
the European Union s complaint against our domestic film distribution
policy will find a sympathetic hearing at the World Trade
Organization.
The Working Group also examined the so-called "cultural
exemption" found in the Free Trade Agreement and the
North American Free Trade Agreement to determine the efficacy
of these measures. The Working Group concluded that the value
of the exemption was seriously diminished because of the retaliatory
provisions which act as a deterrent for new domestic cultural
initiatives. The decision of the United States to use the
World Trade Organization to circumvent the FTA/NAFTA exemption
was also regarded by the Working Group as a further indictment
of the use of similar provisions in other agreements to fortify
Canadian cultural sovereignty.
The constraints which flow from these international agreements
also affect our ability to develop domestic cultural policies
that address the introduction of new technologies in Canada.
The traditional use of Canadian ownership and control measures,
Canadian content requirements and the regulation of broadcasting
and telecommunications as key elements of a domestic cultural
policy framework are placed in jeopardy as a result of the
silence of international agreements on the question of cultural
sovereignty. While there were discussions and animated debates
about the sustainability of these measures in the face of
technological development, the Working Group concluded that
these measures have made a major contribution to the success
of the Canadian cultural experiment and should be retained
and expanded to address further changes for the foreseeable
future.
The Working Group also wrestled with the dilemma within Canadian
policy. On one hand we have been ardent promoters of the development
of a world trading system without barriers since 1944. Every
elected federal government since that time has reaffirmed
this ambition. On the other hand, the same federal governments
have continued to elaborate a series of measures which are
designed to provide Canadians with the privilege of having
Canadian cultural expression at their disposal.
These measures were never intended to keep foreign material
out of Canada, but merely to provide the option of choosing
Canadian offerings from the wide array of foreign works which
can in any case be found in abundance in all parts of the
nation. The Working Group has expressed the urgent need to
come to some accommodation between these central policy objectives
which does not unwittingly pervert cultural policy measures
into unfair or discriminatory trade practices.
In considering the many elements of this debate, the Working
Group developed several key recommendations about the future
shape of the Canadian cultural policy framework and the optimal
environment for its continued success and development.
It calls upon the Government of Canada to articulate and implement
a formal comprehensive cultural policy. It is their opinion
that this would accomplish a number of important objectives.
First, it would give a clear signal to Canadians about the
role and objectives of the Government of Canada in the cultural
arena. Secondly, it would do much to inform our partners in
the international community of the rationale behind federal
cultural policy measures and affirm our intention and our
right to freely undertake initiatives designed to foster and
promote domestic cultural expression and development.
The Working Group also recommends that Canada develop a broad
international consensus about the treatment of domestic cultural
measures in international commercial agreements. The Working
Group calls upon the Government of Canada to spearhead an
international effort to ensure that the preservation of cultural
diversity is a value imposed on the forces of globalization
and technological development. Such an agreement would have
the desired remedial effect on the deficiencies of the GATT,
GATS, APEC and possibly the FTA/ NAFTA agreements. It has
called upon the Canadian Conference of the Arts to stimulate
this discussion among artistic and cultural organizations
in the international community.
The Working Group appreciates that the Report on Preliminary
Findings and the next Report on Specific Cultural Policies
and Institutions are the start of what must become a more
inclusive discussion within the Canadian cultural sector.
It also recognizes that the time and budgetary restraints
of the Working Group process did not allow for a full airing
of some of the key tenets of the Canadian cultural policy
framework which would allow the development of alternative
approaches to achieving our national cultural objectives.
The Working Group has therefore recommended a number of measures
to launch and sustain this debate including a Task Force,
active engagement of the Standing Committee on Canadian Heritage
study of cultural policy and the use of international conferences
to further the debate on the international stage.
It is the intention of the Working Group to release a more
detailed report on individual policy measures and institutions
in mid-March 1998. The members of the Working Group and the
Canadian Conference of the Arts will undertake a broader consultation
with artists and cultural workers in compiling this Report.
Summary of Key Preliminary Recommendations
That the federal and provincial governments in Canada have
a vital role to play in the promotion, development and sustenance
of the arts and cultural industries in Canada, and must preserve
whatever powers are necessary to discharge this function.
That the Government of Canada develop and implement a clear
and coherent domestic federal cultural policy framework whereby
Canadians and our international partners can fully apprehend
the role and objectives of the federal government in the arts,
heritage and cultural industries.
That the Government of Canada concentrate its efforts on ensuring
a strong domestic base of talent and enterprises necessary
to continue the development of Canadian content and artistic
expression, as well as the infrastructure necessary to ensure
that Canadians in all regions have access to Canadian artistic
and cultural works.
a) That the Government of Canada affirm that the
primary objective of copyright legislation is the establishment
of economic and moral rights for creators and copyright owners.
b) That the Government of Canada support the efforts of creator
and copyright owner collectives to develop and implement rights
management systems that develop technology for more efficient
management of rights and for simpler access by users.
c) That the Government of Canada proceed with speed and resolve
with further revisions to the Copyright Act that address the
protection of the moral and economic rights of creators in
the new environment created by the proliferation of new production
and distribution technologies (Phase III).
d) Given changing conditions resulting from new or emerging
technologies, that the Government of Canada study various
international models of copyright reform, such as the Commission
in Australia, for an appropriate mechanism that can identify
and implement a faster, more effective approach to the amendment
of provisions of Canadian copyright law. This must be a priority.
That the Government of Canada instruct its negotiators to
table the SOCAN text at the MAI negotiations as a proposed
cultural carve-out or exemption from the disciplines of this
agreement.
That the Canadian Conference of the Arts assign a high priority
to the drafting of a text to preserve international cultural
pluralism by securing the full array of instruments necessary
to preserve, promote, and sustain indigenous cultural expression
in Canada and around the world. The text should be developed
in close consultation with Canadian artists, creators and
producers
That the Minister of Canadian Heritage, the Honourable Sheila
Copps, continue her efforts to develop broad international
consensus with the governments of our international partners
to adopt measures to affirm cultural sovereignty in Canada
and beyond, to secure cultural pluralism in a globalized world,
and to harness the powers of new technologies as tools with
which to achieve this objective. The terms of this agreement
would guide the negotiation of all future bilateral and multilateral
commercial and technical agreements.
That the Government of Canada, through the Department of Canadian
Heritage, create a Task Force to explore these and other issues,
in broad consultation with the cultural sector and other Canadians,
and submit their findings and appropriate recommendations
to the Minister no later than September 1, 1998.
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Working Group Members (Phase 2)
Mireille Gagné (Chair), Canadian Music Centre, CCA
President
R. H. Thomson (Vice-Chair), Actor, Canadian Actors' Equity
Association
Curtis Barlow, Confederation Centre of the Arts
Francine Bertrand-Venne, SPACQ
Dr. Thomas Condon, ret. Professor, University of New Brunswick
Lynn Cunningham, CMPA, CCA Board Member
Claudette Fortier, SODRAC
Jocelyn Harvey, Arts and Communication Consultant
Myrna Kostash, Writer, CCA Board Member
Jane Logan, Specialty and Premium Television Association
Roy MacSkimming, Association of Canadian Publishers
John McAvity, Canadian Museums Association
Catherine Murray, Simon Fraser University
Garry Neil, ACTRA
Ellie O'Day, Pacific Music Association
Richard Paradis, Communication, Information, Culture Group
Paul Spurgeon, SOCAN
Burke Taylor, Office of Cultural Affairs, City of Vancouver
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